We use cookies to personalise the website and offer you the greatest added value. They are, among other purposes, used to analyse visitor usage in order to improve the website for you. By using this website, you agree to their use. Further information can be found in our data privacy statement.



Pay transparency – the Labour Code amendment and transposition of EU regulations

PrintMailRate-it

​​​by Katarzyna Kołodziej

23 January 2025​


A Members’ of Parliament bill to amend the Labour Code was presented for first reading at the Sejm’s session on 7 January 2025 (Form 934). The amendment aims to introduce the pay transparency principle to apply both during employment and before entering into an employment relationship. 

According to the bill, the employer will not be able to prohibit or otherwise prevent workers from disclosing information about their compensation.

Pay transparency during recruitme​​nt


To ensure pay transparency during the recruitment process, the employer will be required to inform job seekers in the job advertisement about the proposed pay and indicate the pay range. The information may include a note that the indicated amount is negotiable. 

Job seekers will have the right to information from their future employer about the starting salary and pay range for the advertised position based on objective, gender-neutral criteria and about applicable collective bargaining regulations.  

Workers’ right to inform​​ation


The bill grants workers the right to ask their employers for information about their individual pay level and average pay levels, broken down by sex, for categories of employees doing the same work or work of equal value. In this case, the employer will have to respond without delay, maximally within 14 days of the date of the request. The new rules will also make it compulsory for the employer to inform workers, once a year, about their right of access to information and manners of accessing it.

Further on, employers will be required to ensure workers access to information about the criteria used to determine pay and career progression. These must be objective and gender-neutral. Organisations with less than 50 workers will be exempt from this requirement.

Definition of ‘p​​ay’


The amendment will also define ‘pay’ to mean the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which a worker receives directly or indirectly (complementary or variable components) in respect of his or her employment from his or her employer.
The employer's failure to meet the above-mentioned obligations will be treated as a violation. 

The EU pay transpare​ncy directive


The bill, currently being legislated, introduces certain obligations specified in Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms. 

 It is worth reminding that the directive aims to:

  • eliminate the gender pay gap; 
  • strengthen the principle of equal pay for male and female workers for equal work or work of equal value; 
  • eliminate pay discrimination in the public and private sector by improving pay transparency.

The EU Member States are required to transpose it by 7 June 2026.


If you want to know how the Labour Code amendment and the Pay Equality and Transparency Directive may affect your business, you are welcome to contact us​. We provide labour law advice to entities operating in any sector and in any legal form.​

Contact

Contact Person Picture

Katarzyna Kołodziej

Attorney at law (Poland), LL.M. (Heidelberg)

Send inquiry

Profile


Deutschland Weltweit Search Menu